As Paul correctly notes, neither public performance (such
as a trade show) or network television broadcast are by themselves
sufficient to satisfy the copyright requirement for publication.
(Think of it as the difference between performing a play on the
stage, and publishing and selling the playscript; only the latter is
publication).
I believe the generally accepted definition of publication for motion
pictures was established in the 9th Circuit in 1981 in Vitagraph v. Levy.
That case is not on the internet, but it is quoted in a case that is:
[8] We have held that "publication occurs when by consent
of the copyright owner, the original or tangible copies of a
work are sold, leased, loaned, given away, or otherwise made
available to the general public . . . ." American Vitagraph, Inc.
v. Levy, 659 F.2d 1023, 1027 (9th Cir. 1981) (quoting Nimmer
on Copyright S 4.04 at 4-18 to 4-19). However, "mere perfor-
mance or exhibition of a work does not constitute a publica-
tion of that work. . . . [A] motion picture exhibition where the
viewing audience is merely permitted to see the work is not
a publication." Id. at 1027 (citations omitted); see also Nim-
mer S 4.11(A) at 4-53 ("[I]t is clear that the projection or
exhibition of a motion picture in theatres or elsewhere does
not in itself constitute a publication").
"Nimmer" refers to "Nimmer on Copyright" an often cited
treatise on the subject of US copyright law.
David Pierce
On 6/7/07, PAUL SPEHR <spehr@xxxxxxxxxxxx> wrote:
Tim Wisniewski:
I'm not up to the minute on copyright definitions, but long standing court decisions under the law that existed prior to the 1970's specifically excluded theatrical release or exhibition on television from the definition of "publication." The court decisions were that "publication" began when the copyrighted item itself was sold,
i.e. when the creator accepted payment for the item itself. The copyrights in many silent films became pd because the companies registered them as published works and did not renew withing the old term of 28 years. The exclusion of exhibition from the definition of copyright clouded the issue of when films and TV programs should be copyrighted for many years. It is the reason that many TV programs from the 1950's and 60's were registered on dates that have nothing to do with broadcast. They were usually registered when they were sold for syndication since that constituted pubication.
I'm not sure that subsequent revisions of the copyright law have clarified the issue, since the commercial industries like the exclusion of exhibition because it allows them to delay the intitial registration. They are a potent influence on any revision of copyright.
Paul Spehr
----- Original Message -----
Sent: Wednesday, June 06, 2007 1:36 PM
Subject: Re: [AMIA-L] Where can I find the silent film "Ramona" (1910)
Just a quick clarification - American films published 1922 and before are PD; for unpublished films the law is a bit trickier. A film is considered published when it is made available to the general public (
e.g. released theatrically).
On 6/6/07, Karen C Lund <klun@xxxxxxx> wrote:
Yes, American films produced from 1922 and before are in the public
domain.
Karen
Disclaimer: This email reflects my own opinions and not those of the
Library of Congress.
>>> Lisa Chemery <
lisa_chemery@xxxxxxxxxxx> 06/06/07 2:23 PM >>>
Is this also the case for the 1916 version? Just wondering...
Thanks!
>From: Karen C Lund <
klun@xxxxxxx>
>Reply-To: Association of Moving Image Archivists <AMIA-L@xxxxxxxxxxx>
>To:
AMIA-L@xxxxxxxxxxx
>Subject: Re: [AMIA-L] Where can I find the silent film "Ramona"
(1910)
>Date: Tue, 5 Jun 2007 16:53:32 -0400
>
>"Ramona", the 1910 version with Mary Pickford, is in the Library of
>Congress' Paper Print Collection. It is in the public domain.
>
>
>
>Karen C. Lund
>Digital Project Coordinator
>Library of Congress
>202-707-0156
>
klun@xxxxxxx
>
>
> >>> Lisa Chemery <lisa_chemery@xxxxxxxxxxx> 06/05/07 4:45 PM >>>
>Hi,
>
>I am trying to find out where to find a copy of this film (I live in
>Los
>Angeles) and whether it is in the public domain.
>This is the first version of Ramona, with Mary Pickford, there were
>later
>versions made, one in 1916 and one in the 30s or 40s I think.
>
>Thanks for any ideas!
>
>Lisa
>
>_________________________________________________________________
>PC Magazine*s 2007 editors* choice for best Web
>mail*award-winning Windows
>Live Hotmail.
>
http://imagine-windowslive.com/hotmail/?locale=en-us&ocid=TXT_TAGHM_migration_HM_mini_pcmag_0507
_________________________________________________________________
Play games, earn tickets, get cool prizes. Play now*it's FREE!
http://club.live.com/home.aspx?icid=CLUB_hotmailtextlink1
--
Timothy Wisniewski, M.L.I.S.
Visual Materials Archivist
Alan Mason Chesney Medical Archives
Johns Hopkins Medical Institutions
5801 Smith Avenue, Suite 235
Baltimore, MD 21209